Sickness

The latest ruling from the European Court of Justice (ECJ) suggests that intermittent sickness absence thresholds, which allow employers to dismiss staff once a trigger point has been breached, are potentially discriminatory against disabled employees.
Background
Many employers operate sickness… Read on

One of the most confusing areas of employment law in recent years has concerned the impact of sickness absence on employees’ entitlement to statutory holiday and holiday pay.
These issues have been examined at judicial levels from Employment Tribunals to… Read on

The EAT has recently confirmed that the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where a dismissal has been purely for health reasons.
Background
The ACAS Code says that it applies to dismissals for conduct… Read on

The European Court of Justice has extended the rights workers have where they have been sick whilst on holiday. If they have not been able to take it during the current holiday year, they should be allowed to carry holiday… Read on

The Court of Appeal has recently considered whether sickness absence policies that apply equally to disabled and non-disabled employees can be capable of putting disabled employees at a disadvantage. If not, then no reasonable adjustments would be required.
Background
This… Read on

Yes, said the Employment Appeal Tribunal (‘EAT’) in the case of Plumb v Duncan Print Group Ltd.
Background
Mr Plumb, a printer, was on sick leave for a period of almost 4 years following an accident at work. After his… Read on

People are more likely to develop type 2 diabetes if they are overweight or obese. In this case, the EAT had to decide whether the diabetes amounted to a disability.
Background
Mr Stout was employed by Metroline Travel Ltd… Read on

Dealing with sickness absence is a perennial problem for employers and employees alike, with unfair dismissal and discrimination rearing its head at every turn. Our checklist will put employers and employees on the right track for a successful outcome.
Policies… Read on

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic.
Background
Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… Read on